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Guidance on Uni subject

11 replies

HerRoyalNotness · 17/05/2022 14:45

Hello,
I'm need a little guidance on my uni module - Business Law - completely new subject to me. I'd ask my cohort but it's online and there is very little interaction when I've asked for clarification in the past.

The scenario is a TV shop advertising a sale in the press. All sets less than half price and the first customer through the doors wins a case of champagne.

Ralph arrive the night before but falls asleep before opening so the next person enters first and gets the champagne.

Ralph finds a TV to purchase but the manager refuses to sell at half price. After mentioning the ad, the manager said it was just to get people in none of the TVs are half price, and there is a sign at the back of the shop advising they may withdraw sale items at their discretion.

I need to use case examples and statues that apply, legal implications for Ralph and how the law regulates exclusion clauses.

Relevant readings have been around formation of contracts, terms of contracts, misrepresentation, discharge of liability, and today I will be reading about Law of Tort.

Can I say that a contract has been offered by the shop, and Ralph has accepted. He misses the first part as he slept in, but the secondary part, he should be entitled to. the shop did not re-advertise in the press withdrawing the offer, so the offer stands? I feel like the sign at the back of the shop is important too, hidden away whereas it should be more visual.

Would I look at the Sale of Goods Act and Consumer Rights Act or do these not fit the scenario? I know where to find the statutes, but I don't know how to find case law or the subject matter I should look at. Not completely sure where to start with this.

TIA

OP posts:
SlipperyLizard · 17/05/2022 14:47

For the TV sale element you need to look up “invitation to treat” - a contract law concept applicable to shops.

I’m surprised this hasn’t been taught to you?

HerRoyalNotness · 17/05/2022 15:36

Thanks @SlipperyLizard , that has appeared in the reading this week. I’ll try read those portions. It feels disjointed overall, the first two weeks were about the HRA 1998 with no bridge connecting it to starting and running a business.

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SlipperyLizard · 17/05/2022 16:08

It has been a long time since I studied contract law, but it sounds quite disjointed - is it a law degree, or something else?

find a decent contract law textbook & it will probably have a section on invitation to treat/offers in shops.

HerRoyalNotness · 17/05/2022 16:27

@SlipperyLizard It is a Business and Management degree. There is only one law-related module, and it is my last one before a final project. I'm losing the will to continue, but I'm almost done!

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SlipperyLizard · 17/05/2022 16:33

It sounds like they’re not very good at teaching the law element then!

RockNess · 17/05/2022 18:12

A while since I’ve studied contact law but I think at the very least you need to use the following cases
en.m.wikipedia.org/wiki/Carlill_v_Carbolic_Smoke_Ball_Co -
for the champagne element (unilateral contact - capable of being fulfilled by anyone who is first through the doors)
Then en.m.wikipedia.org/wiki/Partridge_v_Crittenden
for the 1/2 price TVs. (offer to treat - terms too uncertain - the shop has a finite supply of TVs).
Please refer back to your course materials and in your answer explain the difference between a legal binding contact and what it must contain and what is permissible as non-binding advertising puff.
I hope this helps!

TizerorFizz · 17/05/2022 21:15

@RockNess
Takes me back to my ONC in business studies late 1980s. Way below a degree! Same syllabus it seems.

burnoutbabe · 17/05/2022 21:22

Sounds like something the student room could help more ob but it's a pretty standard invitation to treat scenario so your textbook should cover it. Or notes?

HerRoyalNotness · 18/05/2022 13:39

Thanks all, that helps me get started!

it’s very much a ‘read these 5 chapters’ and answer this question. We have one lecture every 2 weeks which is normally in the 2nd week of the assignment (biweekly assignments) which I find far too late.

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TizerorFizz · 19/05/2022 00:05

@HerRoyalNotness
try getting a text book and reading around the area of law at the beginning of the assignment. That’s a good way to start researching. Tried snd tested.

HerRoyalNotness · 23/05/2022 15:39

One last question,
does anyone know of a case where the potential customer has been upheld where they wanted to buy an advertised product at x price and the shop has had to sell it to them due to misleading advertising? I know it isn’t an offer but in this case it was blatant misleading in the advert

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